2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The facts of recognition are identical to the part of the reasons, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The plaintiff asserted that the defendant applied for a public summons as if he knew that he had the plaintiff in possession of the check of this case at the time of the application for the public summons, and that he had known that he had the plaintiff's possession of the check of this case, the defendant applied for a public summons after hearing from B that he left the check of this case, and he did not know that the plaintiff was in possession of the check of this case at the time of the above application for the public summons and the judgment of nullification.

B. The bearer of the judgment or the certificate lost the possession of the securities, etc. without his own intention.

Even if it is later proved that a person has the securities, etc., the former holder shall request the present holder to return it, and the public summons is not allowed. The former holder, as if he knows the holder of the securities, etc., was present on the date of the public summons and stated the cause of application and the purport of seeking nullification judgment, thereby deceiving the public summons court, and it constitutes "when the judgment of nullification has been obtained by false or unjust means under Article 490 (2) 7 of the Civil Procedure Act."

(See Supreme Court Decision 2004Da4645 Decided November 11, 2004) In light of the above legal principles, the Defendant knows that the Plaintiff was in possession of the instant check at the time of applying for the instant public summons in light of the following circumstances acknowledged by examining the instant case and by the evidence contained in the said basic facts and basic facts: